Ord. 2547 - Laserfiche WebLink

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Term, which shall be subject to Owner’s prior written approval, which approval may not be unreasonably withheld by Owner. The parties further agree that the Term may also be extended pursuant to the mutual written agreement of the parties. SECTION 3. TEEN CENTER DESIGN AND IMPROVEMENTS 3.1. Design and Improvements. Subject to Section 3.2 below, Owner shall, at its sole cost and expense, design and construct the Teen Center. The space of the Teen Center shall include, but is not limited to the following: a private secure office space for the exclusive use of the Teen Center staff; non-exclusive adequate restroom facilities; a multi-purpose area; study rooms; laundry facilities; a workshop room; a reception area; a kitchenette; and appropriate social areas. Owner shall also install or provide for adequate audio and visual display capabilities, and interior furnishings appropriate for the afore-described uses. (a) Construction Cost Cap. The Owner’s maximum costs for the design and installation of the interior improvements to the Teen Center shall be capped at Three Million Eight Hundred Fifty Thousand Dollars ($3,850,000) (“Construction Cost Cap”). In the event that the Owner determines that the design and installation of interior improvements are likely to exceed this amount, the Owner shall promptly notify the City and the Parties shall meet in good faith to determine how the design may be altered or amended in order to meet the Construction Cost Cap amount, in the manner and procedure set forth in Section 3.2(a) below. 3.2 City Approval of Design. Prior to commencement of construction, Owner shall provide the City with the opportunity to review and give final approval of the spatial layout, elements, and design of the space and shall make a good faith effort to provide the City the proposed design six (6) months prior to the commencement of construction of the Teen Center space. The City agrees to conduct a timely review and approval of the plans, to the extent consistent with applicable laws. (a) Material Change of Design Plans. After City approval of the plans, Owner may make material changes to such plans only with prior written consent of the City, not to be unreasonably delayed. For purposes of this Lease, “Material Change” shall mean any significant changes to the approved interior improvements, including color, design or proposed use of a designated space. If Owner wishes to make a Material Change to the approved design, Owner shall submit the revised plans to the City Manager for approval, which approval will not be unreasonably withheld or delayed. 3.3 Timing of Construction. Once the design is approved by the City, consistent with applicable laws, Owner shall apply for building permits for the construction of the Teen Center improvements prior to or concurrently with applying for the first vertical building permit for the Office Development Project, as that term is defined in the Development Agreement (“Vertical Building Permit”). Owner agrees to use reasonable efforts to cause construction of the Teen Center to be commenced promptly after issuance of the first Vertical Building Permit of the Office Development Project. 3.4 Private Work/Contract. Owner, in its sole discretion, and in full compliance with all applicable laws and regulations, shall select the general contractor and shall make all necessary ATTY/ORD.0002/CC ORD APPROVING DEVELOPMENT AGREEMENT (901 EL CAMINO REAL) - EXHIBIT A REV: 04-23-25 VR Page 320 of 336